3 FAM 3330
DISPOSITION OF LEAVE BALANCES
(CT:PER-924; 09-21-2018)
(Office of Origin: HR/ER/WLD)
3 FAM 3331 AUTHORITY
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. 5 U.S.C. Chapter 63, Subchapter I.
b. 5 CFR 630.501 et seq.
3 FAM 3332 TRANSFERS BETWEEN AGENCIES
3 FAM 3332.1 Annual Leave
3 FAM 3332.1-1 Under the Same
Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee is separated from a position under the
leave laws and is reemployed in another position under those laws without a
break in service, the annual leave account will be certified to the employing
agency for credit or charge.
3 FAM 3332.1-2 Under Different
Leave Systems
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee transfers between positions under
different leave systems without a break in service, the leave to the credit of
the employee will be transferred to the employing agency on the basis that
seven calendar days of leave equal five workdays of leave. The amount of leave
permitted to be transferred should not exceed the aggregate amount of leave
which employees in the agency to which transferred are permitted to accumulate.
This provision does not apply to employees listed in section 3 FAM 3332.3.
3 FAM 3332.1-3 Partial Transfer
of Annual Leave to a Different Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee transfers to a position under a different
leave system to which only part of the annual leave can be transferred, the
untransferred leave will be recredited if the employee returns to the leave system
under which it was earned without a break in service of more than 52 continuous
calendar weeks.
3 FAM 3332.1-4 Transfer to a
Position Not Under an Annual Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee transfers to a position to which annual
leave cannot be transferred because the position is not under an annual leave
system, the employee may not be paid a lump-sum payment for annual leave. The
untransferred leave will be recredited if the employee returns to the leave
system in which it was earned without a break in service of more than 52
continuous calendar weeks. This provision does not apply to employees listed in
section 3 FAM
3332.3.
3 FAM 3332.2 Sick Leave
3 FAM 3332.2-1 Under the Same
Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
An employees sick leave account will be certified for
credit or charge when the employee transfers without a break in service between
positions subject to the leave laws. If there is a break in service, the
employees sick leave will be recredited upon reemployment in the Federal service
(see section 3
FAM 3334.2).
3 FAM 3332.2-2 Under Different
Leave Systems
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When sick leave is transferred between different leave
systems, seven calendar days of leave are considered equal to five workdays of
leave. Sick leave may not be transferred by employees listed in section 3 FAM 3332.3
3 FAM 3332.2-3 Partial Transfer
of Sick Leave to a Different Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee transfers to a position under a different
leave system, to which only a part of the sick leave can be transferred, the
untransferred leave is recredited if the employee returns to the leave system
under which it was earned on or after December 2, 1994.
3 FAM 3332.2-4 Transfer to a
Position Not Under a Sick Leave System
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
When an employee transfers to a position to which sick
leave cannot be transferred, the untransferred leave will be recredited if the
employee returns to the leave system under which it was earned on or after
December 2, 1994.
3 FAM 3332.3 Exceptions
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
Some provisions relating to the transfer of sick and
annual leave do not apply to:
(1) Part-time employees for whom there has not been
established a regular tour of duty during the administrative workweek;
(2) Temporary employees engaged in construction work
at hourly rates; or
(3) Employees of the Senate or House of
Representatives.
3 FAM 3332.4 Home Leave
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
An employee's home leave account will be transferred or
recredited to the account when the employee moves between agencies or is
reemployed in the Federal service without a break in service in excess of 90
days.
3 FAM 3333 SEPARATIONS FROM THE FEDERAL
SERVICE
3 FAM 3333.1 Lump-Sum Payments for
Annual Leave Balances
3 FAM 3333.1-1 Who May Be Paid
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
An employee who has completed 90 calendar days of
continuous employment under one or more appointments and who is separated from
the Service for any reason except for death, (see section 3 FAM 3336),
will be paid in a lump-sum for accumulated annual leave.
3 FAM 3333.1-2 What Is Included
in the Lump Sum
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. The following are included in the lump sum:
(1) Accumulated annual leave including the regular
carry-over balance from the previous leave year, if any;
(2) Accrued and unused annual leave during the then
current leave year, if any; and
Any unused restored annual leave maintained in a separate
account.
b. For detailed explanation of calculation of lump sum
payment, please refer to 5 CFR 550.1205.
3 FAM 3333.2 Approval of Lump-Sum
Payment
3 FAM 3333.2-1 Policy
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
Headquarters authorization is required for all lump-sum
payments for annual leave for U. S. employees, including resident staff
personnel with temporary appointments, separating from the Federal Service.
3 FAM 3333.2-2 Procedures
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
Agency: Applicable Procedures
State: 3 FAH-1 H-3330,
4 FAM 494.9,
and 4 FAH-3
H-537
USAID: HB 27, Ch. 3
USAGM: ADS
480
Commerce: Contact OFSHR
3 FAM 3333.3 Indebtedness for
Unearned Annual or Sick Leave
3 FAM 3333.3-1 Policy
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
An employee who is indebted for unearned leave at the time
of separation, should either refund the amount paid for the period of such
leave or deductions will be made from the salary or any other amount due.
3 FAM 3333.3-2 Exceptions
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
A refund is not required when an employee is separated
because of:
(1) Death or retirement for disability;
(2) Inability to return to duty because of disability,
(supported by an acceptable medical certificate); and
(3) Entering active military service with restoration
rights.
3 FAM 3334 TRANSFER TO AN
INTERNATIONAL ORGANIZATION
3 FAM 3334.1 Leave Balances
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. Employees who transfer with the consent of their
agency to a public international organization with re-employment rights under 5
U.S.C. 3582, may elect to retain to their credit all accumulated and current
accrued annual leave to which entitled at the time of transfer, which would
otherwise be liquidated by lump-sum payment.
b. On the request of an employee at any time before
reemployment, payment will be made for all the leave retained.
3 FAM 3334.2 Lump-Sum Payments
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
a. Lump-sum payments made to employees subject to the
Annual and Sick Leave Act are made in accordance with 5 U.S.C. 5551.
b. When an employee receives a lump-sum payment and
re-employment occurs within six months following the date of the transfer,
refund to the Federal agency of the amount of the lump-sum payment is required.
3 FAM 3335 RESTORATION OF LEAVE
BALANCES AFTER APPEAL
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
Employees restored to a position because of an appeal
should have the leave in their account at the time of separation certified for
credit or charge. If a lump sum payment was made to the employee, it must be
repaid immediately.
3 FAM 3336 DISPOSITION OF LEAVE
BALANCES UPON DEATH
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
If an employee dies in service, the survivor(s) are entitled
to payment for all accumulated and current accrued annual leave to the
employee's credit at the time of death, limited to the amount the employee
could have taken in kind had the employee lived and remained in the Federal
Service (44 Comp. Gen.636). For State refer to 4 FAM 470 and
USAID ADS 443, Special Assistance for Employees/ Beneficiaries, and for USAGM, refer to MOA, Part V-B, Section 687).
3 FAM 3337 PROCEDURES
(CT:PER-924; 09-21-2018)
(Uniform State/USAID/ USAGM/Commerce/Foreign Service Corp-USDA)
(Applies to Foreign Service & Civil Service Employees)
Procedures relating to the refund and recrediting of
annual a sick leave may be found in 3 FAH-1 H-3330.
3 FAM 3338 THROUGH 3339 UNASSIGNED